3:22-12. Limitations
(a) General Time Limitations. A petition to correct an illegal sentence may be
filed at any time. No other petition shall be filed pursuant to this rule more than 5 years
after rendition of the judgment or sentence sought to be attacked unless it alleges facts
showing that the delay beyond said time was due to defendant's excusable neglect. A
petition dismissed without prejudice pursuant to R. 3:22-6A(2) because a direct appeal,
including a petition for certification, is pending, shall be treated as a first petition for
purposes of these rules if refiled within 90 days of the date of the judgment on direct
appeal, including consideration of a petition for certification, or within five years after
rendition of the judgment or sentence sought to be attacked, whichever is later. A
petition dismissed pursuant to R. 3:22-6A(3) without prejudice as not cognizable under
R. 3:22-2, or for failing to meet the requirements of R. 3:22-8, shall be treated as a first
petition for purposes of these rules if amended and refiled within 90 days after the date
of dismissal, or 5 years after rendition of the judgment or sentence sought to be
attacked, whichever is later.
(b) . . . no change
(c) These time limitations shall not be relaxed, except as provided herein.
